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Signs Taken For Truths

In Arts & Letters, Communication, Legal Research & Writing, Literary Theory & Criticism, Rhetoric, Rhetoric & Communication, Semiotics on October 24, 2010 at 5:45 pm

Recently I was reading Erika Lindemann’s book A Rhetoric for Writing Teachers (New York & Oxford: Oxford University Press, 2001).  I was preparing for class and needed some inspiration from someone far smarter. I found that inspiration in Lindemann’s chapter “What Do Teachers Need to Know about Linguistics?”  I won’t go into how I used that chapter for class but would like to expand on what Lindemann calls “graphic conventions” (62).

Focusing on the “role language plays in composing, especially at the writing and rewriting stages,” Lindemann argues that writing instructors need a greater facility with English linguistics to understand the composition process—specifically, to understand how students select and appropriate diction (60).  This premise leads Lindemann into a discussion of alphabets and symbols with linguistic values (62).

Lindemann’s claims about how matters of taste are always braided with “our assumptions about what language should and shouldn’t be” are interesting, but this post discusses what language might be.

Language can become a vehicle for discovering “truth.” Literature, made up of language, can become, to employ Kenneth Burke’s phrase, equipment for living.  By “truth” I don’t necessarily mean moral truth.  I mean physical truth.  Language is a system of meaning that makes truth—the referent—intelligible even if it only signifies or stands in the place of reality.  Read the rest of this entry »

English PhDs and Legal Research & Writing

In Arts & Letters, Legal Education & Pedagogy, Legal Research & Writing, Rhetoric & Communication on October 24, 2010 at 5:22 pm

Dr. John F. Sase and Gerad J. Senick cite my article in the opening of their piece on legal writing.  Read their piece here.  My article argues that English PhDs–not lawyers!–should teach legal research and writing courses.

Austrian Economics and Literature

In Arts & Letters, Austrian Economics, Communication, Libertarianism, Literary Theory & Criticism, Rhetoric, Rhetoric & Communication on October 18, 2010 at 3:37 pm

I will be blogging at a new site created by Dr. Troy Camplin. The name of the site, which was inspired by Paul Cantor & Stephen Cox’s Literature & the Economics of Liberty, is Austrian Economics and Literature.

Saying Yes to No

In Communication, Politics, Rhetoric, Rhetoric & Communication on October 9, 2010 at 12:24 pm

Not long ago I was in the passenger seat of my friend’s car.  This friend, backing out of a parking space, collided with another car that he didn’t see coming.  I had seen the other car but remained silent, assuming, wrongly it turned out, that my friend would notice the car, which, after all, was an oversized SUV.  Would that I had cried “no!” or “watch out!”  Instead I allowed the wreck to happen.

This year Republicans are crying “no!”  (Would that they had done so earlier.)  Massive bailouts, nationalized healthcare, increased spending—these things simply will not do.  Taking a page from Ron Paul’s playbook, Republicans have realized the power of “no” as a strategic signifier.  They have—implicitly at least—portrayed Obama as someone backing out of a parking space without looking over his shoulder or even checking his rearview mirror. Read the rest of this entry »

Shakespeare, Othello, and Science in America: An Argument I Might Make (If I had the time)

In American History, Arts & Letters, Literary Theory & Criticism, Shakespeare on September 27, 2010 at 2:35 pm

Kris Collins interrogates the mutually affirming racial discourses of the theater and the natural sciences in nineteenth-century America.

“The nineteenth-century scientific community’s fascination with the black body,” Collins explains, “provides a contemporary analytical template for the racialized anxieties expressed in both minstrelsy and mainstage productions of Othello: white America’s struggle to define and defend the whiteness of their own bodies” (88).

Collins focuses on the work of several white Euro-American scientists: George Gliddon, Josiah Nott, Herman Burmeiter, Cesare Lombroso, Samuel G. Morton, and Louis Agassiz. All of these men classify races hierarchically and by taxonomies putatively dependent on racial intelligence. Because of the inherent differences between the races, these scientists argue, the white population should not mingle, sexually or otherwise, with the black population. Collins thoroughly debunks these claims, which she relates to nineteenth-century minstrel performances of Othello that solidify racist significations of the black body.

While the scientists that Collins identifies opined on racial distinction, another scientist, the young Charles Darwin, dissertated on theories of natural selection and evolution. One wonders whether Darwin’s ideas about genetics and heritable traits influenced the late nineteenth- and early twentieth-century stage as much as Collins’s subjects influenced the stage in the preceding era.

More to the point, Herbert Spencer’s appropriations of Darwin—epitomized by the phrase “survival of the fittest”—may have justified and authorized racial divisions at the same time that high brow / low brow and elite / popular distinctions began to congeal. This simultaneous segregation (scientific and socio-cultural) was not so much coincidental as mutually (re)affirming.

Bardification and Shakespeare idolatry proliferated along with scientific discourses suggesting that whites were “better adapted” or “more advanced” than people of color. Shakespearean performances—most notably blackface performances of Othello but also early twentieth-century performances starring African American actors as Othello—gradually and perhaps unwittingly reflected the Spencerian drive to “preserve” the “favored” races.

This argument is the logical extension of Collins’s work; it compels a look at the continued influence of natural science on the next generation of American actors, directors, and theater-goers. Although the display of scientific racism and its corresponding effect on the theater may have changed, the underlying idea of racial superiority remained in place.

For further reading:

Collins, Kris. “White-Washing the Black-a-Moor: Othello, Negro Minstrelsy and Parodies of Blackness. The Journal of American Culture 19.3 (June 2004), pp. 87-101.

Legal Research & Writing, Audience, and Cross-disciplinarity

In Communication, Legal Education & Pedagogy, Legal Research & Writing, Rhetoric, Rhetoric & Communication on September 6, 2010 at 9:21 pm

Richard L. Larson interrogates the concept of the research paper. He submits that this term (“research paper”) lacks settled meaning because it “has no conceptual or substantive identity” (218). He calls the term “generic” and “cross-disciplinary” and claims that it “has virtually no value as an identification of a kind of substance in a paper” (218).

Despite its ever-shifting meaning, the term “research paper” persists both inside and outside English Departments, both among faculty and among students, at both university and secondary school levels. The problem for Larson is that by perpetuating the use of this slippery signifier, writing instructors mislead students about what constitutes research and thereby enable bad student research.

The term research paper “implicitly equates ‘research’ with looking up books in the library and taking down information from those books” (218), so students learning to write so-called research papers inadvertently narrow their research possibilities by relying on this narrow conception of research as library visitation, cursory note-taking, and so on, without recognition of alternate forms of research that may be more discipline-appropriate: interviews, field observations, etc. (218).

Furthermore, using the term “research paper” to describe a particular type of activity implies not only that other, suitable practices are not in fact “research,” but also that students may dispense with elements of logic and intertextuality and citation because instructors didn’t refer to those things as elements of research papers.

Research papers, properly understood, teach skills that apply to all papers. In a way, all papers are research papers if they draw from sustained observation or studied experience. Read the rest of this entry »

Discourse and Legal Writing Instructors

In Communication, Information Design, Legal Education & Pedagogy, Legal Research & Writing, Literary Theory & Criticism, Rhetoric & Communication on August 28, 2010 at 12:05 pm

My writing instructors in law school parroted a line that I considered both annoying and at times wrong:  “This is bad writing.”  The criteria for what constituted bad (as opposed to good) writing had to do, invariably, with rigid rules of grammar and syntax.  A sentence was “bad,” for example, if it failed to have a comma following an introductory prepositional phrase; or a sentence was good, even if it sounded awkward, so long as it did not violate any rule of basic grammar.  Such over-commitment to formalism quashed any sense of experimentation or creativity that the students might have had.  Rather than trying out new styles and syntaxes, students confined their writing to short, plain statements of fact and conclusion.  Their papers read like boring how-to manuals: monotone and tedious, never lively and engaging.  The problem, as I see it, is that legal writing instructors have little awareness of audience.  They simply have no notion of what Stanley Fish calls “interpretive communities” and so have no notion of genre (categories of discourse) or performative text (text that mimics or signals certain categories of discourse).  Legal writing instructors locate students within a field of discourse akin to technical writing, but they never explain to students why technical writing is appropriate or even desirable in a legal context.  Instead, they inform students that anything that is not technical writing is bad, and they do so without realizing that different communities may have different expectations or prefer different techniques and vocabularies.  Legal writing instructors never explain that certain modes of writing can be good in other contexts but instead treat all writing as belonging to one classificatory scheme.  They force writing into one of two categories—good or bad—without regard to the quality of writing as contextualized in other communities.  Such habits simply will not do.      Read the rest of this entry »

Constructing Tony Montana, Scarface

In Arts & Letters, Communication, Film, Information Design, Legal Education & Pedagogy, Scarface, Semiotics on August 12, 2010 at 4:17 pm

Brian de Palma’s Scarface (1983) adopts and adapts several conventions of the gangster genre that feature prominently as icons on posters and in trailers for the film.

These conventions constitute and perpetuate the narrative image of “gangster” that audiences have come to expect from gangster films.  Big guns, flashy jewels, impeccable suits, sexy women—these are the signifiers de Palma employs as semantics of the gangster genre.  They summon forth ideas of “the gangster” before audiences ever see the film.

Scarface is a remake of another gangster film.  Viewers who are unaware of this fact will nevertheless recognize the gangster signs and symbols used to market it.  Tony Montana’s image remains popular today, some twenty-seven years after the film’s production.  Scarface has become a lasting contribution to our national culture.       Read the rest of this entry »

Shakespeare, Whitman & Emerson

In American History, Arts & Letters, Emerson, Literary Theory & Criticism, Shakespeare, Walt Whitman on August 9, 2010 at 9:55 am

In Repositioning Shakespeare, Thomas Cartelli situates Whitman’s Shakespeare in contradistinction to Emerson’s Shakespeare.

The phrase “Whitman’s Shakespeare” is, in a way, an odd construction because Whitman did not seek to claim “ownership” of Shakespeare so much as he sought an “appropriation and critical transformation” of Shakespeare (32).  Cartelli submits, in fact, that Whitman “brought a contentiously critical approach to bear on his assessments of Shakespeare” (30).

Although Cartelli pays lip-service to Emerson’s ambivalence about Shakespeare, he concludes that Emerson transformed the Bard of Avon “into a virtual founding father” by attempting “an act of wishful appropriation in which the (literary) model that cannot be superseded is annexed by the (political) model that supersedes” (33).

Cartelli thus seems convinced that Shakespeare shaped Whitman’s and Emerson’s thought, but he seems unsettled about how and why.

Read the rest of this entry »

25 Greatest Fictional Lawyers

In Arts & Letters, Film on August 2, 2010 at 8:07 am

The editors of the ABA Journal have asked readers to vote for their favorite fictional lawyer.  See here.  But there’s a catch: Atticus Finch is not in the running.  It seems that Mr. Finch would have been too obvious a winner.  Candidates in the running include Michael Clayton, Ally McBeal, Vincent “Vinny” Gambini, Paul Biegler, Rusty Sabich, and many more.

My vote is for Paul Biegler, the piano-playing protagonist of Anatomy of a Murder.  Jimmy Stewart stars as Biegler in this now-classic film based on the best-selling novel by the same name.  The Honorable John D. Voelker, writing under the pseudonym Robert Traver, published the novel in 1959.  In perhaps the most insightful line of the film, Beigler says, “As a lawyer I’ve had to learn that people aren’t just good or just bad.”